I was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to six months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
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can you own a gun if your spouse was convicted of a crime
- Thread starter b1924
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Seanpcola
Moderator
Best to talk to a lawyer about anything firearms related when it comes to any legal issues. No reflection at all on Fupa or any other particular member on this forum but the internet is full of arm chair attorneys. Ultimately you and or your wife would be the one suffering the consequences of bad advice..
With a six month sentence it sounds like a misdemeanor but if she has probation upon her release then she can't be around firearms until she is off probation. The best advice is to speak with the attorney who handled her case, if she didn't have one then find one to ask.
Bowhntr6pt
Master
Agree... don't take advice on a forum too serious as YOU will suffer if the advice is bad.
As a Deputy here in FLORIDA, I encounter households often that have both firearms and a "prohibited person". Our legal guidelines are unless the person has direct access to or is actually in physical possession or control, we don't try to "make a case". A possible solution would be to buy a cheap inexpensive gun safe/locker that only YOU have the key or combo. Thereby you can demonstrate that your wife does not have immediate access or control over any of the firearms or ammunition in the home.
The main legal issue/concern is to demonstrate that the "prohibited person" does not possess or have direct access to, or control of, any firearms in the residence. Check your state law reference AMMUNITION... another consideration. But... just because we use common sense where I work does not mean others in your area will do the same... also, your state law may contain something that specifically addresses the issue.
A direct answer to your question is this: You do not lose your 2nd Amendment Rights due to someone else being a "prohibited person". Like already posted, does not sound like a Felony conviction but if she is later placed on Probation, some restrictions might apply.
You should consult with a lawyer regarding SPECIFICS to you and your wife's case, a smart one will advise you NOT to acquire a firearm until your wife's issues are completely resolved... why?... because that is the surest, soundest, and safest advice one could give and leaves NO room for error. If she has completed her sentence, is not on any Probation, and has no Felony conviction, you both are good to go.
DISCLAIMER: I AM NOT A LAWYER AND I DID NOT STAY IN A HOLIDAY INN LAST NIGHT...
As a Deputy here in FLORIDA, I encounter households often that have both firearms and a "prohibited person". Our legal guidelines are unless the person has direct access to or is actually in physical possession or control, we don't try to "make a case". A possible solution would be to buy a cheap inexpensive gun safe/locker that only YOU have the key or combo. Thereby you can demonstrate that your wife does not have immediate access or control over any of the firearms or ammunition in the home.
The main legal issue/concern is to demonstrate that the "prohibited person" does not possess or have direct access to, or control of, any firearms in the residence. Check your state law reference AMMUNITION... another consideration. But... just because we use common sense where I work does not mean others in your area will do the same... also, your state law may contain something that specifically addresses the issue.
A direct answer to your question is this: You do not lose your 2nd Amendment Rights due to someone else being a "prohibited person". Like already posted, does not sound like a Felony conviction but if she is later placed on Probation, some restrictions might apply.
You should consult with a lawyer regarding SPECIFICS to you and your wife's case, a smart one will advise you NOT to acquire a firearm until your wife's issues are completely resolved... why?... because that is the surest, soundest, and safest advice one could give and leaves NO room for error. If she has completed her sentence, is not on any Probation, and has no Felony conviction, you both are good to go.
DISCLAIMER: I AM NOT A LAWYER AND I DID NOT STAY IN A HOLIDAY INN LAST NIGHT...
Seanpcola
Moderator
Bowhntr6pt,
I need to hide your response before my wife sees it. I use the excuse around my house that anyone in her family with even a traffic ticket on their record isn't legally allowed on my property due to the presence of firearms. It keeps them and their spouses from coming to visit.....
Jk
I need to hide your response before my wife sees it. I use the excuse around my house that anyone in her family with even a traffic ticket on their record isn't legally allowed on my property due to the presence of firearms. It keeps them and their spouses from coming to visit.....
Jk
Like his other post here: http://gulfcoastgunforum.com/showth...idea-to-let-my-daughter-visit-her-mom-in-jail
These two threads are all over the internet, some over a year old. Don't feed the trolls.
These two threads are all over the internet, some over a year old. Don't feed the trolls.
Seanpcola
Moderator
I figured it was probably trolling but thought it was a good time to bring up yet again "Don't go asking legal advice on the interwebz". Too many idiots out there will do something dumb based on what they read on a forum and the cops and judge ain't gonna want to hear "Mallninja17 on Suckonmybarrel.Com said it was OK".
Bowhntr6pt
Master
What kind of person does such nonsense?
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